GOV Final

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1st amendment

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51 Terms
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1st amendment

- freedom of speech

- allows prayer before and after school and for one time events

- violates the establishment clause

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2nd amendment

-individual right to bear arms -SC officially recognized the individual right to bear arms in DC vs Heller (2008) -McDonald vs City of Chicago incorporated the 2nd amendment to the states

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9th amendment

- there are other implied rights and liberties that are not explicitly mentioned in the constitution or amendments

- ex. right to privacy

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10th amendment

powers not given to the federal government and not denied to the states under the constitution is given to the states or the people

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14th amendment

prohibits states from from depriving people of life, liberty, or property without due process of law

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16th amendment

congress has the power to lay and collect income taxes

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27th amendment

if congress increases their pay, the pay increase can't take place until the next session

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US v Banks

The Court unanimously held that 15 to 20 seconds was a reasonable period for police to wait before entering by force when they were investigating drug charges because waiting any longer was likely to result in the destruction of evidence

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South Dakota v Dole

-congress wanted to raise drinking age to 21 -SD wanted to keep it at 19 -congress threatened the state's fundings to get what they want

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Bush v Gore

-the SC held that the election results where Bush won florida by 537 votes would have to stand -the SC also held that the decision in this case could not be used as a precedent in deciding future cases that are similar

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Smith v Allwright

The denying of African Americans the right to vote in a primary election was found to be a violation of the 15th Amendment

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US v Lopez

-Alfonzo Lopez was caught on the school grounds with a gun -The state of Texas brought charges against Lopez under state law -The next day, the state charges were dropped and federal charges were brought under the Gun Free School Zone Act of 1990 -The attorneys for the federal government argue that regulating guns in schools within Congress' power to regulate commerce -State gov has the right to regulate this, not the fed gov

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Colorado Dept of State v Baca

punishes electors who don't cast their vote to their pledged candidate

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Interstate vs Intrastate commerce

- inter: commerce between two or more states; can be regulated by congress

- intra: commerce occurring within one state; only states can regulate commerce

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libertarian beliefs

- Align with liberals on social issues

- Favor less government than conservatives

- People that benefit pay for the service so we’re not all taxed

- Minimal involvement in world affairs

- Military only for self-defense, not fighting other wars

- No taxes at all

- Government should not play a role in marriage; no marriage license

- Legalize drugs; it’s people’s choice to harm themselves

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The second most important word in the Establishment Clause, and what it means.

?

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Kneeling during the National Anthem and whether or not it is a First Amendment issue.

- NOT a 1st amendment free speech issue

- symbolic speech is protected

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Which party holds its party convention first?

the party not in power

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open primaries

voters are not required to declare party affiliation

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closed primaries

only the party's members can vote

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blanket primaries

-voters choose one candidate per office -does not exist anymore

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cajun/jungle primaries

all candidates for an office run together in one election and the majority vote wins

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run-off primaries

if no candidate wins the majority, the top two candidates compete in an additional primary

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Are run-off primaries in Texas open or closed?

closed

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Examples of offices that are elected via district elections vs at-large elections.

- At-large elections: US Senate, Texas Governor and Lt. Governor, The Texas Railroad Commission, The Texas Supreme Court, The Texas Court of Criminal Appeals, Some members of the Houston City Council

- District elections: US House, Texas Senate, Texas House, some city councils across the state

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The 1960 Kennedy/Nixon debate.

- first televised presidential debate

- radio listeners felt that Nixon won, TV watchers felt that Kennedy won

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The party eras in Texas (especially who was in control during each era).

- 1st-3rd democrats

- 4th republicans

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2016 election

key states - Pennsylvania, Michigan, Wisconsin

Clinton - 65,853,514 votes 232 electoral votes

Trump - 62,984,828 votes 306 electoral votes

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2020 election

key states - Arizona, Georgia, Michigan, Pennsylvania, Wisconsin

Biden - 81,283,988 votes 306 electoral votes

Trump - 74,221,924 votes 232 electoral votes

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How the Texas Constitution is amended.

  • 2/3 vote in both houses of legislature

  • 200 house and 21 senate votes

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caucuses vs primaries

  • caucus: more difficult access, voters are more educated, and the vote is often not secret

  • primary: easier access, voters are not as informed, and the vote is secret

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The electoral college

- total: 538

- minimum: 270

- an amendment to the Constitution that would eliminate the Electoral College and make the popular vote the determining factor; has been proposed but it has never been voted on

- Congressional district plan is most like to happen

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Faithless electors (from 2000 and 2016).

- 2000: Barbara Lett- Simmons

- 2016: 3 Clinton, 2 Trump

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how many electoral votes does Texas have?

40 (previously 38)

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What is the U.S. Chamber of Commerce?

  • the world's largest business organization

  • interest group

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What are Astro-turf groups?

  • an interest group that wants to stop the amount of suing

  • makes people believe they are normal people but in reality it a big company that just want to benefit itself

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Who does well at the top of the ballot in Texas?

Republicans

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Which political party currently wins top-of the ballot races in Texas?

Republicans

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The differences between at-large and district elections as well as some examples of each.

  • at large: can hurt the political influence of minorities

  • district: gives minorities more political influence

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who votes republican

whites, males, old people, no college degree, protestants, higher income, small city/rural

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who votes democrat

blacks, hispanics, asians, females, younger people, college grads, lower income, catholic, first-year voters, big city/suburbs

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The results of the 2004 Election in Texas

- 21/32 HOR seats were Republican

- both US senate seats

- all 6 executive offices

- majority house and senate seats

- every court seat- every Texas railroad commission seat

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Disenfranchisement in Texas.

- the poll tax was typically only enforced on minorities and those with low income

- the grandfather clause (you can't vote if your gpa couldn't)

- the white only primary

- political bosses

- southern states using literacy tests

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The dates that local elections can be held in Texas.

- 3rd Sat in Jan

- 3rd Sat in May

- 2nd Sat in Aug

- 1st Tue after the 1st Mon in Nov

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How many Texas Constitutions have there been?

6

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The delegates to the 1876 Texas Constitution.

- 76 were democrats

- 5 were black

- 72 were immigrants from other southern states

- 4 were native Texans

- 16 were from northern states

- 33 were lawyers

- 28 were farmers

- 30 had served in the state legislature

90 TOTAL

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The criticisms of the 1876 Texas Constitution.

  • The length, detail, and number of amendments

  • The plural executive

  • The part time citizen legislature

  • The confusing structure of the judiciary

  • The restrictions on local governments

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Did the current Texas Constitution create a full-time or part-time citizen legislature?

part-time

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The number of Amendments to the current Texas Constitution vs. the U.S. Constitution.

  • texas: about 500

  • US: 27

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Direct democracy vs Republic

  • democracy: government in which citizens vote on laws and select officials directly

  • republic: power is held by elected representatives

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Examples of protected speech vs unprotected speech.

protected: symbolic

unprotected:

  • Commercial speech

  • Defamatory speech

  • Obscenity

  • Speech that harms the public safety/order

  • Speech that threatens national security

  • Speech that interferes with the right to a fair trial

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